Elena Kagan's Opening Statement: Excerpts

AP

The White House has released excerpts from Supreme Court Nominee Elena Kagan's opening statement to the Senate Judiciary Committee. Kagan is expected to speak late this afternoon, following opening statements from members of the committee on this, the first day of her confirmation hearings.

With Republicans expected to cast Kagan as a liberal judicial activist, she plans to push back by pointing to her view of the Supreme Court as a place for "even-handedness, principle, and restraint."

She also stresses that she won't treat anyone better or worse than anyone else because of their background or beliefs, and says the Court is a "modest" institution that has to be "deferential to the decisions of the American people and their elected representatives."

If confirmed, she says, she will come at cases with an "open mind" and "do my best to consider every case impartially, modestly, with commitment to principle, and in accordance with law."

CBSNews.com Special Report: Elena Kagan

Full excerpts below.

"Mr. Chairman, the law school I had the good fortune to lead has a kind of motto, spoken each year at graduation. We tell the new graduates that they are ready to enter a profession devoted to "those wise restraints that make us free." That phrase has always captured for me the way law, and the rule of law, matters. What the rule of law does is nothing less than to secure for each of us what our Constitution calls "the blessings of liberty" - those rights and freedoms, that promise of equality, that have defined this nation since its founding. And what the Supreme Court does is to safeguard the rule of law, through a commitment to even-handedness, principle, and restraint.

...

"The idea is engraved on the very face of the Supreme Court building: Equal Justice Under Law. It means that everyone who comes before the Court - regardless of wealth or power or station - receives the same process and the same protections. What this commands of judges is even-handedness and impartiality. What it promises is nothing less than a fair shake for every American.

...

"[T]he Supreme Court is a wondrous institution. But the time I spent in the other branches of government remind me that it must also be a modest one - properly deferential to the decisions of the American people and their elected representatives. What I most took away from those experiences was simple admiration for the democratic process. That process is often messy and frustrating, but the people of this country have great wisdom, and their representatives work hard to protect their interests. The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people."

...

"I've led a school whose faculty and students examine and discuss and debate every aspect of our law and legal system. And what I've learned most is that no one has a monopoly on truth or wisdom. I've learned that we make progress by listening to each other, across every apparent political or ideological divide. I've learned that we come closest to getting things right when we approach every person and every issue with an open mind. And I've learned the value of a habit that Justice Stevens wrote about more than fifty years ago - of 'understanding before disagreeing.'

I will make no pledges this week other than this one - that if confirmed, I will remember and abide by all these lessons. I will listen hard, to every party before the Court and to each of my colleagues. I will work hard. And I will do my best to consider every case impartially, modestly, with commitment to principle, and in accordance with law."

Senate Republican Leader Mitch McConnell has also released excerpts of his planned remarks. He plans to say Kagan "has spent much of her adult life not steeped in the practice of the law but in the art of politics."

McConnell goes on to complain that Kagan worked for the Michael Dukakis presidential campaign to attack Republicans and a policy advocate for President Clinton "looking for ways to advantage Democrats over Republicans."

"If you believe the role of a judge is to be an impartial arbiter, these things can't be ignored," he plans to say. "Indeed, members of both parties should appreciate the importance of confirming judges who are more interested in what the law says than in how the law can be used to advantage any one individual, party, or group. It's to no one's advantage if judges can't be expected to rise above politics."

[M_Miles]

Elena Kagen stated that the government with pure motive can override a citizens right to free speech. With the Obama administration now having power to shut down parts or all of the Internet. I can see why Kagen is the choice of President Obama for Supreme Court Justice.

What is Elena's definiton of pure motive? I know the definition of free speech. I would rather that the Supreme Court doesn't redefine free speech, Elena. That is Elena if you have the oppurtunity to redefine free speech, please don't!

[mrjustice1]

ELANA KAGAN IS A CLEVER, CALCULATING OPERATOR
WHO KNOWS HOW TO TELL US WHAT WE WANT TO HEAR

Kagan is sharp enough to carry her secret biases without blowing her cover for same. As a substantial number of U.S. Senators and Congresspersons have conveyed, Kagan's political purposes - which she knows "how to use for her and for those whose agendas she has represented" has tainted her sense of being unbiased and apolitical, thereby rendering her as;
"not among the finest that America has to offer"

There is an ample supply of better and more appropriate candidates who are far more qualified to;
"sit in judgment of our nations vital issues"
with less questionable past behavior patterns.

For the aforementioned reasons alone(and for other reasons as well), it is strongly urged that Elena Kagan's confirmation as US Supreme Court Justice be rejected.

[hamsterattack]

Ok we'll get right on that rejection LOL

[thanksgreed]

and who's to decide what "even handed" is?

In a country filled with 4 year olds who think they are the only ones with the right answer, no chance for anyone to pass that test.

[hamsterattack]

Thank Goodness Mr. Obama has ben able to appoint not one but TWO Supreme Court justices. The days of a corporate robber baron right wing activist court are almost over!

[culturechang]

Well, not really. The balance of the court will not change. It will still be 5 justices for "corporate robber baron right wing activists".

[Brittz08]

The begging by republican senators for her to be truthful is sickening. They are the biggest untruth tellers ever. I hope she is wise enough to word her answers carefully.

[Perish1]

Why wouldn't you want her to be truthful?

[Jimmy371]

ROTFLMAO :D * * *

Of course Kagan will be even-handed. She will be completely predictable and always side with the liberal left-wing. She will never consider the merits of the case.

[bobnjersey]

[She will never consider the merits of the case.]

but maybe she'll ask questions and vote based on what she thinks. does clarence 'you have some coke in your hair' thomas ever do that? does he ever do anything that scalia doesn't do? i'll bet they both take a dvmp at the same time every day.

[culturechang]

She should only be pledging to follow her oath as a justice. The language of the oath was likley developed by the founding fathers. The GOP should not be requiring anything else or asking for deviations from that. Politicians perverting the intent is part of the problem why the courts dont function now.

[stn_sage]

That's nice! Is this a 'nice enough' comment for you, CBS?!

[consciousnes]

WILL SHE SUPPORT THE 2ND AMMENDMENT???????????????

[culturechang]

A one track mind. There are other amendments and issues you know?